Illinois landlord-tenant law at a glance
Illinois sets a short list of statewide rules for apartment owners: written notices before ending a tenancy, deposit return deadlines for buildings with five or more units, interest on deposits in larger buildings, and a court process for every eviction. Much of the detail is left to the lease and to local ordinances, and Chicago’s Residential Landlord and Tenant Ordinance (RLTO) is the biggest of those.
| Rule | Illinois statewide | Chicago RLTO |
|---|---|---|
| Notice to end month-to-month | 30 days’ written notice (60 days for year-to-year) | 30, 60 or 120 days, by length of tenancy |
| Nonpayment of rent | 5-day notice to pay or quit | State rule applies |
| Lease violation | 10-day notice | State rule applies |
| Security deposit cap | None | None |
| Deposit return | 45 days for buildings with 5+ units; itemized deductions within 30 days | 45 days; itemized deductions within 30 days |
| Deposit interest | Required in buildings with 25+ units, deposits held 6+ months | Paid yearly on deposits held 6+ months, rate set by the City Comptroller |
| Late fees | No dollar cap; must be reasonable | $10 a month on the first $500 of rent plus 5% of the excess |
| Entry notice | No statewide statute; the lease governs | 2 days’ notice except emergencies |
How much notice does a landlord have to give in Illinois?
An Illinois landlord must give a month-to-month tenant 30 days’ written notice to end the tenancy, and a year-to-year tenant 60 days, under 735 ILCS 5/9-207 and 9-205. No reason is required for ending a periodic tenancy under state law.
For unpaid rent, the landlord serves a 5-day notice to pay or quit under 735 ILCS 5/9-209. For other lease violations, the notice is 10 days. If the tenant doesn’t pay or cure in time, the landlord can file an eviction case, but can’t remove the tenant without a court order.
Chicago is stricter for notices that end or change a tenancy. Under the RLTO’s fair notice rules, a landlord ending a tenancy, declining to renew or raising rent must give 30 days’ notice if the tenant has lived there under six months, 60 days for six months to three years, and 120 days for more than three years.
Illinois security deposit law
Illinois has no statewide cap on the size of a security deposit, according to the Illinois Attorney General. The return rules depend on the size of the building.
For buildings with five or more units, the Security Deposit Return Act (765 ILCS 710) requires the landlord to return the deposit within 45 days after the tenant moves out. If the landlord keeps any part for damage, an itemized statement with paid receipts or estimates is due within 30 days. A landlord who breaks these rules can owe two times the deposit, plus court costs and attorney fees.
Buildings with 25 or more units must also pay interest on deposits held six months or longer, under the Security Deposit Interest Act (765 ILCS 715), with interest paid or credited every 12 months.
In Chicago, the RLTO adds more. The landlord must give a receipt, keep deposits in a federally insured, interest-bearing account at an Illinois institution separate from the landlord’s own money, and tell the tenant in writing which institution holds it within 14 days. Interest is owed yearly on deposits held more than six months. Breaking the deposit rules lets the tenant recover two times the deposit plus interest.
Late fees and other charges
Illinois has no statewide dollar cap on late fees, but the Attorney General’s guidance says a fee must be reasonable. Chicago sets a hard limit: $10 a month for the first $500 of monthly rent, plus 5% of any rent above $500. On a $1,500 unit that is $10 plus $50, or $60.
Fees beyond late charges are getting new limits under Public Act 104-0479, covered in the changes section below. For leases signed on or after January 1, 2027, all non-optional fees must appear on the first page of the lease, application fees including background checks are capped at $50, and many common fees are banned outright.
Can a landlord enter without notice in Illinois?
Illinois has no statewide statute setting an entry notice period, so the lease controls outside cities with their own rules. A clear entry clause in your lease is the main protection for both sides.
In Chicago, the RLTO requires tenants to allow access on two days’ notice for repairs, services or necessary inspections, and no notice is required in an emergency. Other Illinois cities may have their own ordinances, so check the local code before relying on the lease alone.
Chicago’s Residential Landlord and Tenant Ordinance
Chicago’s RLTO covers most rental units in the city, with a short list of exemptions. The biggest one for small owners is an owner-occupied building with six or fewer units, which is outside the ordinance.
Hotels and motels are also exempt unless rent is paid monthly and the stay runs past 32 days, along with dormitories, shelters, employee housing and owner-occupied co-ops and condos. For covered buildings, the ordinance adds the deposit, late fee, entry and fair notice rules above. It also bars lockouts: changing locks, removing doors, removing a tenant’s belongings or cutting utilities to force a move is illegal, with fines of $200 to $500 for each day it happens. If an owner is served with a foreclosure complaint, tenants must be told in writing within seven days.
The eviction process in Illinois
An Illinois eviction is a court case called an eviction action, under Article IX of the Code of Civil Procedure. It used to be called forcible entry and detainer. A landlord must win in court before a tenant can be removed, and only the sheriff may carry out the removal.
How long it takes depends on the county’s court calendar, whether the tenant contests the case and the sheriff’s schedule, so build slack into any sale or renovation plan that needs a unit empty. Self-help is off the table: the Attorney General’s guidance says lockouts and utility shutoffs to force a tenant out are illegal.
- Serve the right notice: 5 days for unpaid rent, 10 days for a lease violation or 30 days to end a month-to-month tenancy.
- If the tenant doesn’t pay, cure or leave, file an eviction complaint in the circuit court.
- The sheriff serves the summons with the court date.
- At the hearing, the court can enter a default judgment if the tenant doesn’t appear, or hold a trial.
- If the landlord wins, the court enters an eviction order with a date.
- After that date, the landlord files the order with the sheriff, who schedules and carries out the removal.
Is there rent control in Illinois?
No. The Rent Control Preemption Act (50 ILCS 825) bars cities and counties in Illinois from adopting rent control, so Chicago and every other city must leave rent amounts to the market.
Bills to change that have stalled in the 2025 and 2026 General Assembly. SB 1260, a full repeal, sits in the Senate Assignments Committee, and HB 3687, which would let voters lift the ban by referendum, is in House Rules. SB 3530, introduced in 2026, would cap rent increases at 3.5% and deposits at one month’s rent, but it has not passed. Chicago’s fair notice rules affect how far ahead you must announce an increase, not how large it can be.
What happens to leases and deposits when you sell
Leases survive the sale of an Illinois apartment building. The buyer takes the building subject to every lease in place, at the same rent and for the same term, and can’t treat a sale as a reason to end a tenancy early.
Deposits follow the building too. Under section 1.1 of the Security Deposit Return Act, the transferee of residential property is liable to each tenant for any security deposit, with its statutory interest, and any prepaid rent paid to the prior owner. The seller stays jointly and severally liable with the buyer. So in practice the seller credits the deposits to the buyer at closing, and the rent roll and estoppel certificates list each deposit and its interest.
After a foreclosure sale, a new holder that receives the deposits must post a notice on the main entrance of each affected unit within 21 days, saying it has the deposit. For more on timing a sale with tenants in place, see our guide to selling a rental property with tenants.
Illinois landlord laws that changed in 2025 and 2026
Several new Illinois laws took effect January 1, 2025, and the biggest change for 2026 and 2027 is a new set of tenant fee rules.
Public Act 104-0479 (HB 3564), signed June 26, 2026, adds the fee rules for leases entered into after its effective date. Section 99 of the enrolled text says July 1, 2026, but a trailer bill, HB 5234, signed the same day and effective immediately, moved that date to January 1, 2027. The new rules therefore cover leases signed on or after January 1, 2027. The act requires all non-optional fees on page one of the lease and in listings, caps application and screening fees at $50 (a landlord can pass on a higher third-party screening cost only under strict receipt rules), and bans fees for lease renewals, eviction notices, after-hours maintenance requests, routine upkeep and move-in or move-out walkthroughs. Owner-occupied buildings with six or fewer units are exempt.
- PA 103-0831, the Landlord Retaliation Act (effective January 1, 2025), replaced the Retaliatory Eviction Act. It presumes retaliation for one year after a tenant’s protected complaint, with damages of up to two months’ rent or twice actual damages, plus fees.
- PA 103-0809: landlords that use online payment portals must also accept fee-free payment by check or cash.
- PA 103-0840: new rules for reusable tenant screening reports.
- PA 103-0754: landlords must disclose flood history and FEMA flood zone status before a lease is signed.
- SB 3530 (2026), which would cap rent increases and deposits, has been introduced only.
Selling an Illinois apartment building to Skyline
Skyline buys apartment buildings with five or more units in Illinois, occupied or not, from Chicago courtyard buildings to suburban complexes. We buy directly, close on your timeline, and can work inside 1031 deadlines. We take over the leases and deposits at closing as the Security Deposit Return Act requires, so you aren’t left managing tenants after the sale.
